Quote:
Originally Posted by getbak
They could do what FDR attempted to do, which was allow for the appointment of a new justice every time an existing one reached the age of 70 years and 6 months and chose not to retire, up to a maximum of 15.
There are currently 3 justices who are over 70 years and 6 months. That would allow for the temporary expansion of the court to 12 justices while maintaining the regular count at 9.
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Expanding the court, or even putting in term limits, is a very dangerous proposition that AOC and the likes don't understand. Yes FDR tried to do it when he had supermajorities everywhere in 1937 and his own party wouldn't even dare. Expanding the court limits the power of the court to be the balance of power under any administration, even one 100 years from now. And putting age limits will become a strategy tools of when judges should and will resign. Parties will ended up choosing the youngest possible person.